November 9, 2026 by matray

New York Attorney General Letitia James released new guidance Nov. 9 clarifying protections for healthcare providers under the state's Shield Law, including restrictions on professional liability insurers that may seek to penalize physicians for providing legally protected reproductive or gender-affirming care.

The guidance explains how the law protects healthcare professionals, patients and others involved in providing or facilitating care that is legal in New York, even when that care may be restricted or prohibited in other states.

Under the law, professional liability insurers cannot penalize medical professionals for providing protected healthcare services, including by increasing premiums or refusing to issue insurance policies. State licensing boards also are prohibited from disciplining providers solely for delivering protected care.

The guidance follows the December 2025 enactment of Shield Law 2.0, which expanded protections to additional healthcare professionals, including therapists, speech pathologists and mental health practitioners, while establishing new requirements for responding to requests for protected medical information.

New York's original Shield Law was enacted following the U.S. Supreme Court's 2022 decision overturning the constitutional right to abortion.

The protections generally apply to healthcare professionals physically located in New York when providing covered services, including telehealth treatment delivered to patients in other states. Patients receiving protected care are covered regardless of their location.

The updated law also establishes procedures governing subpoenas, investigative demands and other requests for medical records involving protected healthcare.

Individuals and organizations receiving covered requests must determine whether the information concerns protected care, obtain a sworn statement regarding the intended use of the information, notify the attorney general's office and make reasonable efforts to notify affected individuals.

They generally must wait 30 calendar days after notification before disclosing the information.

The requirements are intended to prevent medical records from being used in out-of-state investigations or proceedings seeking to impose penalties for healthcare services that are lawful in New York.

The law includes exceptions for certain requests involving treatment, billing, government audits and legal proceedings, including investigations of conduct that would violate New York law.

Violations of the disclosure requirements can result in penalties of $10,000, while false sworn statements intended to circumvent the law can carry penalties of $15,000.

The guidance also explains that New York courts and law enforcement agencies generally cannot assist out-of-state investigations or enforcement actions intended to punish legally protected healthcare.

The restrictions have implications for healthcare providers, liability insurers and defense attorneys handling claims or litigation involving reproductive and gender-affirming services, particularly when requests for medical records originate outside New York.

“New York has some of the strongest protections in the country for reproductive and gender-affirming healthcare, and we want to make sure people know how to use them,” James said in announcing the guidance.

The attorney general's office said the guidance is intended to help healthcare organizations, insurers, attorneys and others understand their obligations when responding to requests for protected medical information.